Commonwealth Consolidated Acts

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RADIOCOMMUNICATIONS ACT 1992 - SECT 50

Civil proceedings

  (1)   If a person ( the defendant ):

  (a)   operates a radiocommunications device in a way that is not in accordance with any licence; and

  (b)   that operation causes interference to radiocommunications carried on by another person ( the plaintiff ) under a spectrum licence;

the plaintiff may apply to the Federal Court for relief.

  (2)   The court may grant all or any of the following forms of relief:

  (a)   an injunction restraining the defendant from causing such interference, from causing interference of a similar kind or from causing or permitting others to cause interference of the same or a similar kind;

  (b)   an order directing the defendant to do a specified act for the purpose of:

  (i)   placing the plaintiff as nearly as practicable in the position in which he or she would have been but for the interference; or

  (ii)   otherwise mitigating detriment to the plaintiff arising out of the interference;

  (c)   damages against the defendant in respect of loss suffered by the plaintiff as a result of the interference, including loss of any benefit that the plaintiff might reasonably have been expected to obtain but for the interference;

  (d)   such other relief as the court thinks just.

 



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